Last Updated: September 8, 2010
Thank you for visiting the highschoolarts.net website, a service of highschoolarts ("we," "us," or "our").
We reserve the right to change these Terms of Service or to impose new conditions on use of this site from time to time, in which case we will post the revised Terms of Service on this website and update the "Last Updated" date to reflect the date of the changes. By continuing to use the site after we post any such changes, you accept the Terms of Service, as modified.
We also reserve the right to deny access to the site or any features of the site to anyone who violates these Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others.
Our Right to Use Materials You Submit or Post.
When you submit or post any material via the site, you grant us the rights, and agree to the additional terms, set forth below in this section. You grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose, any and all materials that you submit or post via the site, without compensation to you. The foregoing grant includes the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate. You understand that the technical processing and transmission of the site, including content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices.
Responsibility for User-Provided Content
This site may include a variety of features, such as discussion forums, blogs, photo- and video-sharing pages and social networking features that allow users to provide feedback to us and to interact with each other on the site and post content and materials for display on the site. By accessing and using any such features, you represent and agree: (i) that you are the owner of any material you post or submit, or are making your posting or submission with the express consent of the owner of the material; (ii) that you are making your posting or submission with the express consent of anyone pictured in or appearing in any material you post or submit, (iii) that the materials do not and will not violate any local, state, national or international laws or regulations, and do not and will not violate the rights of, or cause injury to, any person or entity; (iv) that the materials do not and will not violate any credentials issued to you in connection with the event (if any) that your materials relate to or depict, or any terms or conditions applicable to event ticket holders; and (v) that you will indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives, contractors, service providers and licensors, from and against any liability of any nature arising out of related to any content or materials displayed on or submitted via the site by you or by others using your username and password. You also grant us a license to use the materials you post or submit via such features.
Responsibility for what is posted on discussion forums, blogs, photo- and video-sharing pages, and other areas on the site through which users can supply information or material, or sent via any email services that are made available via the site, lies with each user. You alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may transmit, post or otherwise provide on or through the site.
You understand that we have no obligation to monitor any discussion forums, blogs, photo- or video-sharing pages, or other areas of the site through which users can supply information or material. However, we reserve the right at all times, in our sole discretion, to screen content submitted by users and to edit, move, delete, and/or refuse to accept any content that in our judgment violates these Terms of Service or is otherwise unacceptable or inappropriate, whether for legal or other reasons.
You acknowledge and agree that we may preserve content and materials submitted by you, and may also disclose such content and materials if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any content or materials submitted by you violate the rights of third parties; or (d) protect the rights, property, or personal safety of our site, us, our affiliates, our officers, directors, employees, representatives, our licensors, other users, and/or the public.
Modifications to, or Discontinuation of, the Site
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site, or any portion thereof, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the site or any portion thereof.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE OR OUR SUBSIDIARIES, PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THIS SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARIES, PARENT COMPANIES AND AFFILIATES, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
You agree to indemnify and hold harmless us, our parent company and affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, that arise out of your use of the site, violation of these Terms of Service by you or any other person using your account, or your violation of any rights of another. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.
This agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the site. In the event of any conflict between any such third-party terms and conditions and these Terms of Service, these Terms of Service will govern. This agreement will be governed by and construed in accordance with the laws of the State of Kansas, without giving effect to any principles of conflicts of law.
This agreement is personal to you and you may not assign it to anyone. If any provision of this agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this agreement and will not affect the validity and enforceability of any remaining provisions. These Terms of Service are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms of Service may only be invoked or enforced by you or us. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the site or these Terms of Service must be filed by you within one year after such claim or cause of action arose or be forever barred.
Last Updated: October 15, 2010
How We Collect and Use Information
We may collect and store information, including personally-identifiable information (such as your name, postal address or email address) or other information, that you voluntarily supply to us while on our Site. Some examples of this type of information include information that you electronically submit when you contact us with questions, information that you post on blogs, discussion forums or other community posting and social networking areas on our Site, and information that you electronically submit when you complete an online registration form to access and use certain features of our Site.
We collect and may display event/performance members at www.highschoolarts.net. This type of data is the same information that public media suppliers deliver when reporting on high school activities. No student data is stored at www.highschoolarts.net and no information other than performance information/roles is displayed at www.highschoolarts.net. Schedule information is obtained via school administrators and they control the display of performance information as submitted by the user administrator.
Photographs and Videos can be uploaded to highschoolarts.net. Captions or other comments are not accepted with uploads by the general public. Student names are generally not used or associated with photographs or videos acquired through the upload feature for display at www.highschoolarts.net. Display of photographs and video is within our sole discretion.
We also collect and store non-personally identifiable information that is generated automatically as you navigate through the Site. For example, we may collect information about your computer's connection to the Internet, which allows us, among other things, to improve the delivery of our web pages to you and to measure traffic on the Site. We also may use a standard feature found in browser software called a "cookie" to enhance your experience with the Site. Cookies are small files that your web browser places on your hard drive for record-keeping purposes. By showing how and when visitors use the Site, cookies help us deliver advertisements, identify how many unique users visit us, and track user trends and patterns. They also prevent you from having to re-enter your preferences on certain areas of the Site where you may have entered preference information before. This Site also may use web beacons (single-pixel graphic files also known as "transparent GIFs") to access cookies and to count users who visit the Site or open HTML-formatted email messages.
The information we collect may be collected directly by us, or it may be collected by a third-party website hosting provider, or another third-party service provider, on our behalf.
We use the information we collect from you while you are using the Site in a variety of ways, including, for example, to process your registration request, provide you with services and communications that you have requested, send you email updates and other communications, customize features and advertising that appear on the Site, deliver our Site content to you, measure Site traffic, measure user interests and traffic patterns, and improve the Site and the services and features offered via the Site.
In addition, we may use any information submitted by or collected from you via the Site for any purpose related to the Site, including to contact you for customer service purposes, to inform you of important changes or additions to our Site or the services offered over our Site, and to send you administrative notices and any other communications that we believe may be of interest to you.
We also may provide your information to our affiliates or to third parties, including our third party service providers, contractors and advertisers, for purposes related to Site administration and operation.
We also reserve the right to use, and to disclose to third parties, all of the information collected from and about you while you are using the Site in any way and for any purpose, such as to enable us or a third party to provide you with information about products and services that may be of interest to you.
Please also note that as our business grows, we may buy or sell various assets. In the unlikely event that we sell some or all of our assets, or our Site is acquired by another company, information about our Site users may be among the transferred assets.
Children's Privacy Statement
This children's privacy statement explains our practices with respect to the online collection and use of personal information from children under the age of thirteen, and provides important information regarding their rights under federal law with respect to such information.
We adhere to the Children's Online Privacy Protection Act ("COPPA") and the guidelines of the Children's Advertising Review Unit (CARU) of the Council of Better Business Bureaus, Inc with respect to each of our websites directed at children. Parents should monitor their children's online use and instruct their children never to provide personal information on the Site or on any other site without their parent's permission.
We do not collect personal information online from children under 13 without consent of a parent or legal guardian except in special, limited circumstances as permitted by law. If a child is under 13 and wants to use the Site to access special features, we might ask that child to "register." They can often do so anonymously by just providing a user name and password, but sometimes we need a child's first name and email address. When we ask for a child's first name, that child is encouraged to use a "screen name" (not their real name) that only they know. Sometimes we will ask a child to make up a special password so that only they can see their customized areas on the Site. We may collect personal information from a child such as a last name, address or email address when the information is necessary for a particular activity, and only with the verifiable consent of that child's parent. If we need more than just a child's first name (or screen name) and email address for that child to participate in a particular online activity, we will ask that child for their parent's email or mailing address so that we can notify the parent of their child's request and get the parent's permission. When we ask for the parent's permission, we will tell the parent what we will do with the information the parent or the child provides us, and we will tell the parent how they can review their child's information and ask us to delete the information. We do not keep a child's email address unless the parent tells us it is okay.
We might collect an email address and first name (or screen name) from a child under 13 without their parent's consent, but only in the following special cases:
• If a child under 13 sends a request to us, we keep the child's email address for long enough to respond to them. We delete this information from our system after we answer the child's question.
• If a child under 13 signs up for an email newsletter, or other activity that requires multiple online contact with the child, we also ask the child for a parent's or legal guardian's email address so we can notify the child's parent and give the parent an opportunity to opt out.
Upon proper identification, parents or legal guardians may review the personal information we have collected about their child who is under 13, request deletion, or refuse to allow further collection or use of the information
Storage of Information
All information gathered on our Site is stored within a database to which only we and our hosting services provider are provided access. However, as effective as the reasonable security measures implemented by us may be, no physical or electronic security system is impenetrable. We cannot guarantee the security of our Site's servers or databases, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet.
Questions Regarding Privacy